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Your travel rights following the Icelandic volcanic eruption
BTMK is advising consumers on their rights surrounding ruined holidays and business trips, following the volcanic eruption in Iceland.
Travellers who were displaced during the disaster are busily looking at what they might recover financially to compensate for their troubles.
Chief executive of BTMK, Godfrey Mather, advised: “If unsure of their legal rights, people should contact us for advice, as many of the airlines have not properly followed the law in this area. Under EU regulation 261/2004 article 9, airlines have an obligation to provide accommodation and food for those stranded, subject to jurisdictional limits. Article 9 is not negated by ‘exceptional circumstances’ and this is why Ryanair, as well as others backed down over the issue. However, there is no mention of what standard of accommodation must be provided, or what type of food, plus article 9 does not state that any cash must be paid.
“If an individual asked the airline for accommodation and was not given any, then they may be able to recover the cost, as the airline breached article 9. However, they should take expert advice as it depends on where and when this took place, as this is an EU regulation only.
“However, article 7 (cash compensation) is negated by such exceptional circumstances. Those not looked after as they should have been, and who have receipts (where the regulation applies), may have claims for a breach of article 9 and, as a PR exercise, some airlines may choose to compensate for more than they legally need to, as indeed some insurers have announced.
“Airlines which did offer accommodation and food may have satisfied article 9 and be in a good position to refuse some applications. Article 4(3) states: ‘If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 [but not if exceptional circumstances, as here] and assist them in accordance with Articles 8 and 9’.
“If you paid by credit card, it is also worth checking if you have any recourse via the card company. It is likely insurers and airlines/travel agents will pass the buck between them but ultimately will be pinned down as long as there is a breach of the regulation. If they offered 8 nights in a 2 star hotel and instead the holidaymaker spends £3k on taxis across Europe to get home within 48 hours, it is unlikely that the £3k will be claimable from the airline.
“A second issue is that relating to employees. If they could not return to work from holiday, in most cases employers do not have to pay them, however people should check their employment contracts carefully. Some employers can deal with this by requiring the employees to take the time as holiday (or possibly unpaid leave at the employer’s discretion).
“Thirdly is the issue regarding commercial contracts. Icelandic ash clouds and their fallout are causing many supply chain issues. In some cases these may amount to a ‘force majeure’. However, under many English law contracts, there would be an obligation to try alternative routes to transport goods before a clause excusing non-performance would arise, but it is certainly a good idea to have standard contract clauses re-examined on a regular basis to better protect you against future disputes.”
For information or advice on this subject, please contact BTMK on 01702 339222.
Internet links: The EU regulation, Article on Ryanair position
